Whitington v. Ortiz et al

Filing 264

ORDER accepting the Report and Recommendation 263 . Denying 218 Plaintiff's Motion for TRO and for Preliminary Injunction. Granting 251 Defendant's Motion for Summary Judgment and judgment on the Third Amended Complaint shall enter in favor of defendant Zavaras and against plaintiff. This action is dismissed, by Judge Lewis T. Babcock on 6/18/10.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 06-cv-00759-LTB-CBS MICHAEL WHITINGTON, Plaintiff, v. ARISTEDES ZAVARAS, Defendant. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on the recommendation of the Magistrate Judge issued and served on May 20, 2010 (Doc 263). Plaintiff has failed to file specific written objections to the Magistrate Judge's recommendation and is therefore barred from de novo review. Accordingly, it is ORDERED that the recommendation is accepted as follows: 1. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction Pursuant to Rule 65(a) & 9b) Fed. R. Civ.P. (Doc 218) is DENIED; 2. Defendant's Motion for Summary Judgment (Doc 251) is GRANTED and judgment on the Third Amended Complaint shall enter in favor of Defendant Zavaras and against Plaintiff;

3.

No further claims or Defendants remaining in the case, this action is DISMISSED. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge

DATED: June 18, 2010